RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 February 2008
DOCKET NUMBER: AR20070007913
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Mr. Antonio Uribe
Member
Mr. Ronald D. Gant
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his appointment date be adjusted from 2 December 2006 to 28 June 2005.
2. The applicant states that he graduated from the Warrant Officer Candidate School (WOCS) on 28 June 2005. The 6-month temporary Federal Recognition expired, and he was re-boarded on 24 August 2005. His initial appointment packet was sent to the National Guard Bureau (NGB) on 29 November 2005. For administrative reasons, it was not processed on time and needed to be re-boarded once again, on 20 December 2006.
3. The applicant provides his WOCS diploma; his U. S. Army Reserve (USAR) appointment certificate; three NGB Forms 337 (Oaths of Office), one dated 28 June 2005, one dated 24 August 2005, and one dated 20 December 2006; Puerto Rico Army National Guard (PRARNG) appointment orders, dated 19 September 2005; an NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 20 December 2006; PRARNG appointment orders, dated 12 January 2007; and Federal Recognition orders, dated 8 February 2007.
CONSIDERATION OF EVIDENCE:
1. After having had prior enlisted service in the USAR, the applicant enlisted in the ARNG on 30 November 1992.
2. On 28 June 2005, the applicant graduated from WOCS. He was appointed as a Reserve warrant officer on 28 June 2005. He signed an NGB Form 337 on 28 June 2005. This document states, I, (the applicant), having been granted temporary federal recognition in the grade of WO1
that during such temporary federal recognition I will perform all Federal duties as if I had been appointed as a Reserve Officer of the Army/Air Force.
3. The applicant provided an NGB Form 89 showing that a Federal Recognition Examining Board recommended the applicant for Federal Recognition on 24 August 2005. Puerto Rico National Guard Element, Joint Forces Headquarters Orders 185-5, dated 19 September 2005, show the applicant was appointed a warrant officer one in the ARNG effective 24 August 2005. The applicant signed an NGB Form 337 on 24 August 2005.
4. The applicant provided an NGB Form 89 showing that another Federal Recognition Examining Board recommended him for Federal Recognition on 20 December 2006. Puerto Rico National Guard Element, Joint Forces Headquarters Orders 12-203, dated 12 January 2007, show the applicant was appointed a warrant officer one in the ARNG effective 20 December 2006. The applicant signed an NGB Form 337 on 20 December 2006.
5. NGB Special Orders Number 30 AR, dated 8 February 2007, granted the applicant Federal Recognition effective 20 December 2006.
6. In the processing of this case, an advisory opinion was obtained from the Personnel Division, NGB. The advisory opinion recommended that the applicants initial appointment date be adjusted to 24 August 2005, the date the PRARNG approved the proceedings of a Federal Recognition examining board.
7. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. On 7 January 2008, he concurred with the advisory opinion.
8. National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), paragraph 2-3 states that temporary Federal Recognition may be extended to a warrant officer who has been found to be qualified by a Federal Recognition Board for appointment in the ARNG of a State pending receipt of permanent Federal Recognition and appointment as a Reserve officer of the Army. Temporary Federal Recognition may be withdrawn at any time. If not sooner withdrawn or official orders issued granting permanent Federal Recognition, temporary Federal Recognition will automatically terminate six months after the effective date of the State appointment. However, should the initial period of temporary Federal recognition expire due to administrative processing delays, through no fault of the applicant, a subsequent Federal Recognition Board must be convened to consider granting another six months period of temporary Federal Recognition.
9. National Guard Regulation 600-101, paragraph 2-4b states that the effective date of Federal recognition is the date the warrant officer executes the Oath (sic) of Office, NGB Form 337.
DISCUSSION AND CONCLUSIONS:
1. The advisory opinion recommended that the applicants initial appointment date be adjusted to 24 August 2005, the date the PRARNG approved the proceedings of a Federal Recognition examining board. The applicant concurred with the recommendation.
2. However, the advisory opinions recommendation was contrary to the ARNGs own regulation. The applicant graduated from WOCS on 28 June 2005. He signed an NGB Form 337 on 28 June 2005. National Guard Regulation 600-101, paragraph 2-4b states that the effective date of Federal recognition is the date the warrant officer executes the Oath (sic) of Office, NGB Form 337.
3. Based upon the regulatory authority, the applicants initial date of appointment should be adjusted to 28 June 2005.
BOARD VOTE:
__klw___ __au____ __rdg___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all State Army National Guard records and Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number 30 AR, dated 8 February 2007, to show the applicant was granted Federal Recognition effective 28 June 2005.
__Kenneth L. Wright___
CHAIRPERSON
INDEX
CASE ID
AR20070007913
SUFFIX
RECON
DATE BOARDED
20080205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
125.02
2.
3.
4.
5.
6.
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